ICC files application for arrest warrants against Netanyahu, Gallant
5 Min Read
The Chief Prosecutor of the ICC, Karim Khan, said that it is up to the "independent judges" of the ICC to decide whether the "necessary standard for the issuance of warrants of arrest has been met."
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Karim Khan, Prosecutor of the International Criminal Court, addresses a Security Council meeting on the situation in Sudan, on Thursday, July 13, 2023, at United Nations headquarters. (AP)
The Chief Prosecutor of the International Criminal Court (ICC), Karim Khan, announced today that his office is filing applications for arrest warrants before Pre-Trial Chamber I of the ICC against Israeli Prime Minister Benjamin Netanyahu and Israeli Security Minister Yoav Gallant, for war crimes and crimes against humanity committed on the "territory of the State of Palestine", in the Gaza Strip, from at least 8 October 2023.
In his statement, Khan listed those crimes under articles 7 and 8 of the Rome Statute, some of which are "starvation of civilians as a method of warfare," wilfully causing great suffering or serious injury to body or health, willful killing or murder as a war crime, "intentionally directing attacks against a civilian population" and "persecution as a crime against humanity."
The Chief Prosecutor of the ICC stressed that the evidence his office gathered included interviews with survivors and eyewitnesses, authenticated video, photo and audio material, satellite imagery, and statements from "the alleged perpetrator group," which show that "Israel has intentionally and systematically deprived the civilian population in all parts of Gaza of objects indispensable to human survival."
#ICC Prosecutor @KarimKhanQC concludes statement with respect to the situation in the state of #Palestine. ⤵️https://t.co/WqDZecXFZq pic.twitter.com/i4WkjnTwzL
— Int'l Criminal Court (@IntlCrimCourt) May 20, 2024
'The day has come'
After explaining how "Israel" deliberately and systematically committed war crimes against Palestinians, Khan emphasized, "As I also repeatedly underlined in my public statements, those who do not comply with the law should not complain later when my Office takes action. That day has come."
The Chief Prosecutor of the ICC said that it is up to the "independent judges" of the ICC to decide whether the "necessary standard for the issuance of warrants of arrest has been met."
He further expressed his readiness to work on them upon approval and called on all State Parties to the ICC to treat these applications and the subsequent judicial decision "with the same seriousness they have shown in other Situations."
In accordance with his previous statements against retaliation against the Court, Khan reminded that all attempts to impede, intimidate or improperly influence the officials of the Court "must cease immediately" adding that his Office "will not not hesitate to act pursuant to article 70 of the Rome Statute if such conduct continues."
Decision 'equates the victim with the executioner'
It is noteworthy that the Chief Prosecutor of the Court also announced applications for arrest warrants against three officials of the Palestinian Resistance: Ismail Haniyeh, Yahya Sinwar, and Mohammad Deif, for their role in Operation Al-Aqsa Flood.
A senior Hamas official, Sami Abu Zuhri, told Reuters that this decision "equates the victim with the executioner," adding that it also encourages "Israel" to continue its "war of extermination" in Gaza.
The charges of “rape” against Hamas leaders are baseless and shows that @KarimKhanQC is engaging in cynical politics to try to soften the blow of the real and serious charges against Israeli genocide leaders. Shameless! https://t.co/jLcFqys9Ya
— Ali Abunimah (@AliAbunimah) May 20, 2024
Another official from the Palestine Liberation Organization (PLO), Wasel Abu Youssef, said that the application for arrest warrants against the Palestinian Resistance officials is a "confusion between the victim and the executioner."
He emphasized that the Palestinian people have the right to defend themselves adding that "The ICC is required to issue arrest warrants against Israeli officials who continue committing genocide crimes in the Gaza Strip."
Read more: Possible ICC arrest warrant against Netanyahu: US hypocrisy, explained
ICC warned against any threats of retaliation, intimidation against it
The Office of the Prosecutor of the International Criminal Court (ICC) issued a statement on May 3 on X warning about any threats of retaliation against the Office stressing that the latter may constitute an offense against the administration of justice.
The ICC has been looking into war crimes committed back in 2014 in the Gaza Strip, however, it has produced no punitive decisions against individuals. The inquiry has been expanded to include the events of October 7, as well as the current war on Gaza.
On May 1, Israeli Prime Minister Benjamin Netanyahu issued a statement on X addressing the back-then potential ICC arrest warrants labeling them as an "outrage of historic proportions" and then called on "the free leaders of the world to stand firmly against the ICC outrageous assault" on what he claimed is "Israel's inherent right of self-defense."
Netanyahu did not stop there and he explicitly stressed that he expected those leaders to "use all the means at their disposal" to stop this "dangerous move."
In addition, members of Congress warned the International Criminal Court that arrest warrants for senior Israeli officials will result in US retaliation, and legislation for it is already in the making, according to Axios on April 29.
It cited two Israeli officials saying that Israeli Prime Minister Benjamin Netanyahu has asked US President Joe Biden to prevent the ICC from issuing arrest warrants for senior Israeli officials responsible for war crimes in the Gaza Strip.
